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SUMMER 2005 • Vol. XLII
- We are Litigation Lawyers
- Get to Know the Litigation Department
- Summer 2005 Calendar Calls
We are Litigation Lawyers
by Jeffrey D. Forchelli, Esq.
Litigation has been defined as the process of taking a case
to a court of law so that an official decision can be made.
In a perfect world, differences would be resolved without
a lawsuit, without the intervention of a judge or jury.
Unfortunately, we do not live in a perfect world. Disputes
are as various as the citizens caught up in them.
Business people have disputes that they cannot resolve amicably.
Neighbors have disputes concerning each other's property
rights. Patients conclude that their doctors have committed
malpractice. Homeowners believe that municipalities have
over-assessed their properties, causing them to pay excess
taxes. Employees allege employer discrimination based on
age, sex or race. Corporate shareholders claim that the
Board of Directors has failed to keep their interests at
heart. The bank puts a homeowner's mortgage into foreclosure
for failure to make payments. A municipality claims that
its zoning ordinance prevents a doctor from continuing his
medical practice from his office located in a residential
district. When it becomes impossible for parties to resolve
their differences, they turn to litigation.
A litigator is a lawyer who specializes in the process of
taking a case to a court of law so that an official decision
can be made. A litigator must be familiar with complicated
rules of evidence, the rules of every court in which he/she
appears, and must be able to write motions and legal briefs.
A skilled litigator is trained in the art of jury selection,
direct and cross-examination, and must be able to deal effectively
with judges, other attorneys, and clients. A litigator ought
to be familiar with every aspect of the facts and law of
a case, and attempt to settle each case to the best advantage
of the client, yet be equally prepared to try the case to
conclusion.
At Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn,
LLP (FCSMCC), our Litigation Department consisting of five
attorneys and three support personnel, is experienced in
the representation of clients caught in those disputes outlined
above, and many more. We litigate cases involving every
area of our firm's practice, including Land Use and Zoning,
Environmental Law, Real Estate Law, Bankruptcy Law, Foreclosure
and Creditors Rights, Banking, Corporate and Commercial
matters, Municipal, Trust and Estates and Elder Law and
Tax Certiorari cases.
A firm attorney is assigned to each case and handles that
case from its inception through conclusion, while at the
same time being able to call on all of the resources of
FCSMCC -- including attorneys specializing in the substantive
law of the subject matter being litigated. We use state-of-theart
computer-assisted research allowing cases throughout the
country and abroad to be brought to the litigators desktop
computer in a matter of moments. The goal of the FCSMCC
Litigation Department is to resolve disputes as expeditiously
as possible and consistent with the client's directives.
Our Litigation Department does not work on volume, but specializes
in giving each case and client individual attention. We
will spend all the time needed to thoroughly inform the
client of the progress of their case and explain in a simple
and understandable way the intricacies involved in each
matter. If it becomes necessary for the client to testify
in Court, the client is fully prepared by our litigation
attorneys to thoroughly understand how they are to proceed.
They are informed on how to present themselves, answer questions,
project themselves to the judge and jury, and on what to
expect from cross-examination by the opposing counsel.
Our attorneys are members of the Nassau County, New York
State, American, and New York Trial Lawyer's Associations.
We are members of various committees of the Nassau County
Bar Association, including the Commercial Law and Supreme
Court Committees. It is imperative that we stay current
on new developments and our attorneys attend continuing
legal education seminars on a regular basis.
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